The Workers' Compensation Act provides for the payment of benefits to workers injured on the job. Injuries include occupational diseases and any aggravation or acceleration of a non-work related condition that reduces your ability to work or results in death. Benefits to the employee may occur in the following forms:
Workers' compensation applies to all employees with the exception of casual workers performing services not related to an employer's business or persons employed in a limited function. Domestic service workers are also excluded unless the employer has purchased workers' compensation insurance coverage. Corporate officers may elect to not be covered.
All injuries that arise in the course of employment and are related to that work are covered regardless of the worker's previous related physical condition. Categorized occupational diseases are also covered as well as aggravations of prior pulmonary difficulties resulting from an employee's continued exposure at the work place.
The law applies to all injuries occurring in Pennsylvania as well as occupational diseases resulting from exposure while working within the state. For claims arising from coal workers' pneumoconiosis, solicosis and asbestosis, the Act requires an aggregate employment of at least two years in Pennsylvania during the 10 years prior to disability under certain circumstances. An employee's negligence will not preclude him/her from receiving compensation for the injury. However, compensation will not be paid for injury or death which was intentionally self-inflicted or the result of an employee's violation of the law. In general, injuries caused by a third person are covered as long as they occur in the course of employment.
Yes. It is required by law that all employers provide payment of workers' compensation except in cases where employees are not specifically covered. An employee cannot contract away his rights to compensation.
Generally, compensation is paid beginning with the eighth day of the disability. Compensation will not be paid for the first seven days unless your disability lasts 14 days or more. The first payment of compensation must begin no later than the 21st day after your employer knew of your disability. If you have not received compensation within that time, you should call the Bureau of Workers' Compensation.
If you do receive a Notice of Compensation Payable, a Temporary Notice of Compensation Payable, or are asked to enter into an Agreement for Compensation, make sure that the description of the injury or disease and all of the statements in the Notice or Agreement are correct. Any corrections should be made through the Bureau of Workers' Compensation.
Full disability payments will continue as long as the employee is totally disabled. Partial disability may be paid if an injury does not result in complete loss of earnings but is generally paid for a period not exceeding 500 weeks. However, for injuries that occur on or after June 24, 1996, total disability benefits might not extend beyond two years. In most cases that do not involve serious injuries, the worker is less than 50 percent impaired according to AMA Guidelines and the employer may obtain an impairment rating exam. If the claimant, after an impairment exam, is found to be less than 50 percent impaired under the AMA Guidelines, benefits will be limited to partial disability. Unless it is established that the claimant has earning power, partial disability is paid at the total disability rate for 500 weeks.
Partial disability may also be paid if a claimant returns to work but does not receive earning equal to the pre-injury wages. The period of payment cannot exceed 500 weeks, which is a little more than 9 ½ years.
No. Because the law makes the employer responsible for a worker's injuries regardless of the employee's carelessness, the law also provides that employees do not have the right to recover from the employer in any legal action other than workers' compensation. However, if the employer fails to provide for workers' compensation payments as required by law, the employee can sue for damages. If you work injury is cause by a third party, that party is subject to a civil suit.
If you are injured on the job or suspect that you have an occupational disease, you should: